Attorney-General's Department and Economou

[2012] FamCA 391

FAMILY COURT OF AUSTRALIA

ATTORNEY-GENERAL'S DEPARTMENT & ECONOMOU [2012] FamCA 391

FAMILY LAW – CHILD ABDUCTION - HAGUE CONVENTION - Where the Attorney General's Department seeks ex parte Orders to prevent the Respondent from leaving the country - Where the Respondent has not yet been served with the application

Family Law (Child Abduction Convention) Regulations 1986 (Cth)

APPLICANT: Attorney-General's Department

RESPONDENT: Mr Economou

FILE NUMBER: BRC 4513 of 2012

DATE DELIVERED: 29 May 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 29 May 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Australian Government Solicitor

Orders

1. Until further Order of this Court, each party (Ms Economou, born on … August 1976, and Mr Economou, born on … June 1977), their servants and/or agents be and are hereby restrained from removing or attempting to remove or causing or permitting the removal of the said children (O, born on … August 2002, and/or B, born on … January 2004, and/or C, born on … January 2008) from the Commonwealth of Australia and IT IS REQUESTED that the Australian Federal Police give effect to this Order by placing the names of the said children on the Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintaining the children’s names on the Airport Watch List until the Court orders their removal.

2. Until further Order, the Respondent surrender forthwith to the Registrar of the Family Court of Australia all current passports and air tickets relating to himself and the said children.

3. Until further order, the Respondent be restrained from departing from the Commonwealth of Australia AND IT IS REQUESTED that the Australian Federal Police give effect to this order by placing the name of the Respondent on the Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintain the Respondent's name on the Watch List until the Court orders its removal.

4. For the purpose of giving effect to Order 2, all officers of the Australian Federal Police and all officers of the Police Forces and Services in the Commonwealth of Australia be authorised to seize all current passports and air tickets of the Respondent and the said children and to deliver the passports and air tickets to the Registrar of the Family Court of Australia.

5. Until further Order, the Respondent be restrained and is hereby enjoined from applying for any further passports or travel documents for the said children.

6. Until further Order, the names of the Respondent and the said children be placed and/or remain upon the PACE alert system at all Australian international arrival and departure points as soon as possible.

7. The Respondent be served with sealed copies of this application, the annexures to this application and these Orders no later than 4.00 pm on 12 June 2012.

8. Sealed copies of this application and these Orders be served upon the Commissioner of the Australian Federal Police.

9. The matter be listed for directions on Friday 15 June 2012 at 9.30 am.

10. The parties have liberty to apply on twenty-four hours’ notice.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Attorney-General’s Department & Economou has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 4513 of 2012

Attorney-General's Department

Applicant

And

Mr Economou

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By application filed on 21 May 2012, the Commonwealth Central Authority has applied for Orders pursuant to the Family Law (Child Abduction Convention) Regulations 1986 (Cth), for the return of three children, namely O, born in August 2002, B, born 15 January 2004 and C, born in January 2008 to be returned to the country of Cyprus, it being alleged that that is the country of habitual residence of the children from which they were allegedly wrongfully removed by the Respondent Father, Mr Economou.

2. On the application and supporting material, there is a prima facie case established by the Applicant which would support such Orders, although of course in circumstances where the Respondent is yet to be served with the application, there is no evidence yet from the Respondent as to whether there is a basis for refusal of the making of a return Order.

3. In those circumstances, given the prima facie case to which I have referred, it is legitimate to make interim Orders on an ex parte basis in the form of the Orders that have been handed up by the Applicant in draft form, which will provide for interlocutory Orders being made to preserve, in effect, the status quo in respect of the children’s current place of residence in Australia pending further hearing by the Court, and for directions to be made regarding service upon the Respondent, and for there to be a further directions hearing in the matter.

4. I therefore make Orders until further Order as set out at the commencement of these reasons.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 29 May 2012.

Associate: 

Date: 30 May 2012